Full Text of SB1847 98th General Assembly
SB1847 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1847 Introduced 2/15/2013, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
| 820 ILCS 305/6 | from Ch. 48, par. 138.6 | 820 ILCS 310/1 | from Ch. 48, par. 172.36 |
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Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. Restricts specific rebuttable presumptions to firefighters and emergency medical technicians or paramedics who are cross trained as firefighters.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning workers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workers' Compensation Act is amended by | 5 | | changing Section 6 as follows:
| 6 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| 7 | | Sec. 6. (a) Every employer within the provisions of this | 8 | | Act, shall,
under the rules and regulations prescribed by the | 9 | | Commission, post
printed notices in their respective places of | 10 | | employment in such number
and at such places as may be | 11 | | determined by the Commission, containing
such information | 12 | | relative to this Act as in the judgment of the
Commission may | 13 | | be necessary to aid employees to safeguard their rights
under | 14 | | this Act in event of injury.
| 15 | | In addition thereto, the employer shall post in a | 16 | | conspicuous place
on the place of the employment a printed or | 17 | | typewritten notice stating
whether he is insured or whether he | 18 | | has qualified and is operating as a
self-insured employer. In | 19 | | the event the employer is insured, the notice
shall state the | 20 | | name and address of his insurance carrier, the number of
the | 21 | | insurance policy, its effective date and the date of | 22 | | termination. In
the event of the termination of the policy for | 23 | | any reason prior to the
termination date stated, the posted |
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| 1 | | notice shall promptly be corrected
accordingly. In the event | 2 | | the employer is operating as a self-insured
employer the notice | 3 | | shall state the name and address of the company, if
any, | 4 | | servicing the compensation payments of the employer, and the | 5 | | name
and address of the person in charge of making compensation | 6 | | payments.
| 7 | | (b) Every employer subject to this Act shall maintain | 8 | | accurate
records of work-related deaths, injuries and illness | 9 | | other than minor
injuries requiring only first aid treatment | 10 | | and which do not involve
medical treatment, loss of | 11 | | consciousness, restriction of work or motion,
or transfer to | 12 | | another job and file with the Commission, in writing, a
report | 13 | | of all accidental deaths, injuries and illnesses arising out of
| 14 | | and in the course of the employment resulting in the loss of | 15 | | more than
3 scheduled work days. In the case of death such | 16 | | report shall be
made no later than 2 working days following the | 17 | | accidental death. In
all other cases such report shall be made | 18 | | between the 15th and 25th of
each month unless required to be | 19 | | made sooner by rule of the Commission.
In case the injury | 20 | | results in permanent disability, a further report
shall be made | 21 | | as soon as it is determined that such permanent disability
has | 22 | | resulted or will result from the injury. All reports shall | 23 | | state
the date of the injury, including the time of day or | 24 | | night, the nature
of the employer's business, the name, | 25 | | address, age, sex, conjugal
condition of the injured person, | 26 | | the specific occupation of the injured
person, the direct cause |
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| 1 | | of the injury and the nature of the accident,
the character of | 2 | | the injury, the length of disability, and in case of
death the | 3 | | length of disability before death, the wages of the injured
| 4 | | person, whether compensation has been paid to the injured | 5 | | person, or to
his or her legal representative or his heirs or | 6 | | next of kin, the amount of
compensation paid, the amount paid | 7 | | for physicians', surgeons' and
hospital bills, and by whom | 8 | | paid, and the amount paid for funeral or
burial expenses if | 9 | | known. The reports shall be made on forms and in the
manner as | 10 | | prescribed by the Commission and shall contain such further
| 11 | | information as the Commission shall deem necessary and require. | 12 | | The
making of these reports releases the employer from making | 13 | | such reports
to any other officer of the State and shall | 14 | | satisfy the reporting
provisions as contained in the "Health | 15 | | and Safety Act" and "An Act in
relation to safety inspections | 16 | | and education in industrial and
commercial establishments and | 17 | | to repeal an Act therein named", approved
July 18, 1955, as now | 18 | | or hereafter amended. The reports filed with the
Commission | 19 | | pursuant to this Section shall be made available by the
| 20 | | Commission to the Director of Labor or his representatives and | 21 | | to all
other departments of the State of Illinois which shall | 22 | | require such
information for the proper discharge of their | 23 | | official duties. Failure
to file with the Commission any of the | 24 | | reports required in this Section
is a petty offense.
| 25 | | Except as provided in this paragraph, all reports filed | 26 | | hereunder shall
be confidential and any person
having access to |
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| 1 | | such records filed with the Illinois Workers' Compensation | 2 | | Commission as
herein required, who shall release any | 3 | | information therein contained
including the names or otherwise | 4 | | identify any persons sustaining
injuries or disabilities, or | 5 | | give access to such information to any
unauthorized person, | 6 | | shall be subject to discipline or discharge, and in
addition | 7 | | shall be guilty of a Class B misdemeanor. The Commission shall
| 8 | | compile and distribute to interested persons aggregate | 9 | | statistics, taken
from the reports filed hereunder. The | 10 | | aggregate statistics shall not give
the names or otherwise | 11 | | identify persons sustaining injuries or disabilities
or the | 12 | | employer of any injured or disabled person.
| 13 | | (c) Notice of the accident shall be given to the employer | 14 | | as soon as
practicable, but not later than 45 days after the | 15 | | accident. Provided:
| 16 | | (1) In case of the legal disability of the employee
or any | 17 | | dependent of a
deceased employee who may be entitled to | 18 | | compensation under the
provisions of this Act, the limitations | 19 | | of time by this Act provided do
not begin to run against such | 20 | | person under legal disability
until a
guardian has been | 21 | | appointed.
| 22 | | (2) In cases of injuries sustained by exposure to | 23 | | radiological
materials or equipment, notice shall be given to | 24 | | the employer within 90
days subsequent to the time that the | 25 | | employee knows or suspects that he
has received an excessive | 26 | | dose of radiation.
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| 1 | | No defect or inaccuracy of such notice shall be a bar to | 2 | | the
maintenance of proceedings on arbitration or otherwise by | 3 | | the employee
unless the employer proves that he is unduly | 4 | | prejudiced in such
proceedings by such defect or inaccuracy.
| 5 | | Notice of the accident shall give the approximate date and | 6 | | place of
the accident, if known, and may be given orally or in | 7 | | writing.
| 8 | | (d) Every employer shall notify each injured employee who | 9 | | has been
granted compensation under the provisions of Section 8 | 10 | | of this Act
of his rights to rehabilitation services and advise | 11 | | him of the locations
of available public rehabilitation centers | 12 | | and any other such services
of which the employer has | 13 | | knowledge.
| 14 | | In any case, other than one where the injury was caused by | 15 | | exposure
to radiological materials or equipment or asbestos | 16 | | unless the application for
compensation is filed with the | 17 | | Commission within 3 years after the date
of the accident, where | 18 | | no compensation has been paid, or within 2 years
after the date | 19 | | of the last payment of compensation, where any has been
paid, | 20 | | whichever shall be later, the right to file such application | 21 | | shall
be barred.
| 22 | | In any case of injury caused by exposure to radiological | 23 | | materials or
equipment or asbestos, unless application for | 24 | | compensation is filed with the
Commission within 25 years after | 25 | | the last day that the employee was
employed in an environment | 26 | | of hazardous radiological activity or asbestos,
the right to |
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| 1 | | file such application shall be barred.
| 2 | | If in any case except one where the injury was caused by | 3 | | exposure to
radiological materials or equipment or asbestos, | 4 | | the accidental injury
results in death application for | 5 | | compensation for death may be filed with the
Commission within | 6 | | 3 years after the date of death where no compensation
has been | 7 | | paid or within 2 years after the date of the last payment of
| 8 | | compensation where any has been paid, whichever shall be later, | 9 | | but not
thereafter.
| 10 | | If an accidental injury caused by exposure to radiological | 11 | | material
or equipment or asbestos results in death within 25 | 12 | | years after the last
day that the employee was so exposed | 13 | | application for compensation for death may
be filed with the | 14 | | Commission within 3 years after the date of death,
where no | 15 | | compensation has been paid, or within 2 years after the date of
| 16 | | the last payment of compensation where any has been paid, | 17 | | whichever
shall be later, but not thereafter.
| 18 | | (e) Any contract or agreement made by any employer or his | 19 | | agent or
attorney with any employee or any other beneficiary of | 20 | | any claim under
the provisions of this Act within 7 days after | 21 | | the injury shall be
presumed to be fraudulent.
| 22 | | (f) Any condition or impairment of health of an employee | 23 | | employed as a
firefighter , or an emergency medical technician | 24 | | (EMT) cross trained as a firefighter , or a paramedic cross | 25 | | trained as a firefighter which results
directly or indirectly | 26 | | from any bloodborne pathogen, lung or respiratory
disease
or |
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| 1 | | condition, heart
or vascular disease or condition, | 2 | | hypertension, tuberculosis, or cancer
resulting in any | 3 | | disability (temporary, permanent, total, or partial) to such | 4 | | the
employee shall be rebuttably presumed to arise out of and | 5 | | in the course of
such the employee's firefighting, EMT, or | 6 | | paramedic employment and, further, shall
be
rebuttably | 7 | | presumed to be causally connected to the hazards or exposures | 8 | | of
the employment. This presumption shall also apply to any | 9 | | hernia or hearing
loss suffered by such an employee employed as | 10 | | a firefighter, EMT, or paramedic .
However, this presumption | 11 | | shall not apply to any employee who has been employed
as a | 12 | | firefighter, EMT, or paramedic for less than 5 years at the | 13 | | time he or she files an Application for Adjustment of Claim | 14 | | concerning this condition or impairment with the Illinois | 15 | | Workers' Compensation Commission. The Finding and Decision of | 16 | | the Illinois Workers' Compensation Commission under only the | 17 | | rebuttable presumption provision of this subsection shall not | 18 | | be admissible or be deemed res judicata in any disability claim | 19 | | under the Illinois Pension Code arising out of the same medical | 20 | | condition; however, this sentence makes no change to the law | 21 | | set forth in Krohe v. City of Bloomington, 204 Ill.2d 392.
| 22 | | (Source: P.A. 95-316, eff. 1-1-08.)
| 23 | | Section 10. The Workers' Occupational Diseases Act is | 24 | | amended by changing Section 1 as follows:
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| 1 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| 2 | | Sec. 1. This Act shall be known and may be cited as the | 3 | | "Workers'
Occupational Diseases Act".
| 4 | | (a) The term "employer" as used in this Act shall be | 5 | | construed to
be:
| 6 | | 1. The State and each county, city, town, township, | 7 | | incorporated
village, school district, body politic, or | 8 | | municipal corporation
therein.
| 9 | | 2. Every person, firm, public or private corporation, | 10 | | including
hospitals, public service, eleemosynary, | 11 | | religious or charitable
corporations or associations, who | 12 | | has any person in service or under any
contract for hire, | 13 | | express or implied, oral or written.
| 14 | | 3. Where an employer operating under and subject to the | 15 | | provisions
of this Act loans an employee to another such | 16 | | employer and such loaned
employee sustains a compensable | 17 | | occupational disease in the employment
of such borrowing | 18 | | employer and where such borrowing employer does not
provide | 19 | | or pay the benefits or payments due such employee, such | 20 | | loaning
employer shall be liable to provide or pay all | 21 | | benefits or payments due
such employee under this Act and | 22 | | as to such employee the liability of
such loaning and | 23 | | borrowing employers shall be joint and several,
provided | 24 | | that such loaning employer shall in the absence of | 25 | | agreement to
the contrary be entitled to receive from such | 26 | | borrowing employer full
reimbursement for all sums paid or |
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| 1 | | incurred pursuant to this paragraph
together with | 2 | | reasonable attorneys' fees and expenses in any hearings
| 3 | | before the Illinois Workers' Compensation Commission or in | 4 | | any action to secure such
reimbursement. Where any benefit | 5 | | is provided or paid by such loaning
employer, the employee | 6 | | shall have the duty of rendering reasonable
co-operation in | 7 | | any hearings, trials or proceedings in the case,
including | 8 | | such proceedings for reimbursement.
| 9 | | Where an employee files an Application for Adjustment | 10 | | of Claim with
the Illinois Workers' Compensation | 11 | | Commission alleging that his or her claim is covered by
the | 12 | | provisions of the preceding paragraph, and joining both the | 13 | | alleged
loaning and borrowing employers, they and each of | 14 | | them, upon written
demand by the employee and within 7 days | 15 | | after receipt of such demand,
shall have the duty of filing | 16 | | with the Illinois Workers' Compensation Commission a | 17 | | written
admission or denial of the allegation that the | 18 | | claim is covered by the
provisions of the preceding | 19 | | paragraph and in default of such filing or
if any such | 20 | | denial be ultimately determined not to have been bona fide
| 21 | | then the provisions of Paragraph K of Section 19 of this | 22 | | Act shall
apply.
| 23 | | An employer whose business or enterprise or a | 24 | | substantial part
thereof consists of hiring, procuring or | 25 | | furnishing employees to or for
other employers operating | 26 | | under and subject to the provisions of this
Act for the |
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| 1 | | performance of the work of such other employers and who | 2 | | pays
such employees their salary or wage notwithstanding | 3 | | that they are doing
the work of such other employers shall | 4 | | be deemed a loaning employer
within the meaning and | 5 | | provisions of this Section.
| 6 | | (b) The term "employee" as used in this Act, shall be | 7 | | construed to
mean:
| 8 | | 1. Every person in the service of the State, county, | 9 | | city, town,
township, incorporated village or school | 10 | | district, body politic or
municipal corporation therein, | 11 | | whether by election, appointment or
contract of hire, | 12 | | express or implied, oral or written, including any
official | 13 | | of the State, or of any county, city, town, township,
| 14 | | incorporated village, school district, body politic or | 15 | | municipal
corporation therein and except any duly | 16 | | appointed member of the fire
department in any city whose | 17 | | population exceeds 500,000 according to the
last Federal or | 18 | | State census, and except any member of a fire insurance
| 19 | | patrol maintained by a board of underwriters in this State. | 20 | | One employed
by a contractor who has contracted with the | 21 | | State, or a county, city,
town, township, incorporated | 22 | | village, school district, body politic or
municipal | 23 | | corporation therein, through its representatives, shall | 24 | | not be
considered as an employee of the State, county, | 25 | | city, town, township,
incorporated village, school | 26 | | district, body politic or municipal
corporation which made |
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| 1 | | the contract.
| 2 | | 2. Every person in the service of another under any | 3 | | contract of
hire, express or implied, oral or written, who | 4 | | contracts an occupational
disease while working in the | 5 | | State of Illinois, or who contracts an
occupational disease | 6 | | while working outside of the State of Illinois but
where | 7 | | the contract of hire is made within the State of Illinois, | 8 | | and any
person whose employment is principally localized | 9 | | within the State of
Illinois, regardless of the place where | 10 | | the disease was contracted or
place where the contract of | 11 | | hire was made, including aliens, and minors
who, for the | 12 | | purpose of this Act, except Section 3 hereof, shall be
| 13 | | considered the same and have the same power to contract, | 14 | | receive
payments and give quittances therefor, as adult | 15 | | employees. An employee
or his or her dependents under this | 16 | | Act who shall have a cause of action
by reason of an | 17 | | occupational disease, disablement or death arising out
of | 18 | | and in the course of his or her employment may elect or | 19 | | pursue
his or her remedy in the State where the disease was | 20 | | contracted, or in the
State where the contract of hire is | 21 | | made, or in the State where the
employment is principally | 22 | | localized.
| 23 | | (c) "Commission" means the Illinois Workers' Compensation | 24 | | Commission created by the
Workers' Compensation Act, approved | 25 | | July 9, 1951, as amended.
| 26 | | (d) In this Act the term "Occupational Disease" means a |
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| 1 | | disease
arising out of and in the course of the employment or | 2 | | which has become
aggravated and rendered disabling as a result | 3 | | of the exposure of the
employment. Such aggravation shall arise | 4 | | out of a risk peculiar to or
increased by the employment and | 5 | | not common to the general public.
| 6 | | A disease shall be deemed to arise out of the employment if | 7 | | there is
apparent to the rational mind, upon consideration of | 8 | | all the
circumstances, a causal connection between the | 9 | | conditions under which
the work is performed and the | 10 | | occupational disease. The disease need not
to have been | 11 | | foreseen or expected but after its contraction it must
appear | 12 | | to have had its origin or aggravation in a risk connected with
| 13 | | the employment and to have flowed from that source as a | 14 | | rational
consequence.
| 15 | | An employee shall be conclusively deemed to have been | 16 | | exposed to the
hazards of an occupational disease when, for any | 17 | | length of time however
short, he or she is employed in an | 18 | | occupation or process in which the
hazard of the disease | 19 | | exists; provided however, that in a claim of
exposure to atomic | 20 | | radiation, the fact of such exposure must be verified
by the | 21 | | records of the central registry of radiation exposure | 22 | | maintained
by the Department of Public Health or by some other | 23 | | recognized
governmental agency maintaining records of such | 24 | | exposures whenever and
to the extent that the records are on | 25 | | file with the Department of Public
Health or the agency. | 26 | | Any injury to or disease or death of an employee arising |
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| 1 | | from the administration of a vaccine, including without | 2 | | limitation smallpox vaccine, to prepare for, or as a response | 3 | | to, a threatened or potential bioterrorist incident to the | 4 | | employee as part of a voluntary inoculation program in | 5 | | connection with the person's employment or in connection with | 6 | | any governmental program or recommendation for the inoculation | 7 | | of workers in the employee's occupation, geographical area, or | 8 | | other category that includes the employee is deemed to arise | 9 | | out of and in the course of the employment for all purposes | 10 | | under this Act. This paragraph added by Public Act 93-829 is | 11 | | declarative of existing law and is not a new enactment.
| 12 | | The employer liable for the compensation in this Act | 13 | | provided shall
be the employer in whose employment the employee | 14 | | was last exposed to the
hazard of the occupational disease | 15 | | claimed upon regardless of the length
of time of such last | 16 | | exposure, except, in cases of silicosis or
asbestosis, the only | 17 | | employer liable shall be the last employer in whose
employment | 18 | | the employee was last exposed during a period of 60 days or
| 19 | | more after the effective date of this Act, to the hazard of | 20 | | such
occupational disease, and, in such cases, an exposure | 21 | | during a period of
less than 60 days, after the effective date | 22 | | of this Act, shall not be
deemed a last exposure. If a miner | 23 | | who is suffering or suffered from
pneumoconiosis was employed | 24 | | for 10 years or more in one or more coal
mines there shall, | 25 | | effective July 1, 1973 be a rebuttable presumption
that his or | 26 | | her pneumoconiosis arose out of such employment.
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| 1 | | If a deceased miner was employed for 10 years or more in | 2 | | one or more
coal mines and died from a respirable disease there | 3 | | shall, effective
July 1, 1973, be a rebuttable presumption that | 4 | | his or her death was due
to pneumoconiosis.
| 5 | | Any condition or impairment of health of an employee | 6 | | employed as a
firefighter , or an emergency medical technician | 7 | | (EMT) cross trained as a firefighter , or a paramedic cross | 8 | | trained as a firefighter which results
directly or indirectly | 9 | | from any bloodborne pathogen, lung or respiratory
disease
or
| 10 | | condition, heart
or vascular disease or condition, | 11 | | hypertension, tuberculosis, or cancer
resulting
in any | 12 | | disability". (temporary, permanent, total, or partial) to such | 13 | | the employee
shall be rebuttably presumed to arise out of and | 14 | | in the course of such the
employee's firefighting, EMT, or | 15 | | paramedic employment and, further, shall be
rebuttably | 16 | | presumed to be causally connected to the hazards or exposures | 17 | | of
the employment. This presumption shall also apply to any | 18 | | hernia or hearing
loss suffered by such an employee employed as | 19 | | a firefighter, EMT, or paramedic .
However, this presumption | 20 | | shall not apply to any employee who has been employed
as a | 21 | | firefighter, EMT, or paramedic for less than 5 years at the | 22 | | time he or she files an Application for Adjustment of Claim | 23 | | concerning this condition or impairment with the Illinois | 24 | | Workers' Compensation Commission. The Finding and Decision of | 25 | | the Illinois Workers' Compensation Commission under only the | 26 | | rebuttable presumption provision of this paragraph shall not be |
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| 1 | | admissible or be deemed res judicata in any disability claim | 2 | | under the Illinois Pension Code arising out of the same medical | 3 | | condition; however, this sentence makes no change to the law | 4 | | set forth in Krohe v. City of Bloomington, 204 Ill.2d 392.
| 5 | | The insurance carrier liable shall be the carrier whose | 6 | | policy was in
effect covering the employer liable on the last | 7 | | day of the exposure
rendering such employer liable in | 8 | | accordance with the provisions of this
Act.
| 9 | | (e) "Disablement" means an impairment or partial | 10 | | impairment,
temporary or permanent, in the function of the body | 11 | | or any of the
members of the body, or the event of becoming | 12 | | disabled from earning full
wages at the work in which the | 13 | | employee was engaged when last exposed to
the hazards of the | 14 | | occupational disease by the employer from whom he or
she claims | 15 | | compensation, or equal wages in other suitable employment;
and | 16 | | "disability" means the state of being so incapacitated.
| 17 | | (f) No compensation shall be payable for or on account of | 18 | | any
occupational disease unless disablement, as herein | 19 | | defined, occurs
within two years after the last day of the last | 20 | | exposure to the hazards
of the disease, except in cases of | 21 | | occupational disease caused by
berylliosis or by the inhalation | 22 | | of silica dust or asbestos dust and, in
such cases, within 3 | 23 | | years after the last day of the last exposure to
the hazards of | 24 | | such disease and except in the case of occupational
disease | 25 | | caused by exposure to radiological materials or equipment, and
| 26 | | in such case, within 25 years after the last day of last |
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| 1 | | exposure to the
hazards of such disease.
| 2 | | (Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)
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